The Requirements of an Ideal Constitution

With the changes of the social cycle, the human society has developed several social institutions to carry out its duties and responsibilities.

The state is one such vital institution which organizes people in an area of land, rules them, promotes their welfare and oversees their good.

This institution is powerful because it also enjoys sovereign power.

Accumulation of power is dangerous if it is not guided by some rules and basic principles.

A constitution:

• is the guide book in which all such rules, regulations and principles for the proper conduct of a state are codified.
• guides a state with policies and principles to render all-round services to the people for their rapid progress.

The first written constitution was framed by the Licchavi Dynasty of Vaeshali in northern Bihar in ancient India over 2500 years ago.

Prior to that:

• the words of the king were law.
• kings ruled according to the advice of their ministers.

The first republican democracy was established by the Licchaviis.

The Licchavi Republic comprised:

• some portion of Muzzaffarpur
• portions of Begusharai, Samastipur and Hajipur between the Gandaka and Kamala rivers, all in the present state of Bihar.

It was the first democratic state. They had their own written constitution.

Differences Amongst Some Constitutions

There is no British constitution.

• It is only a collection of traditions and conventions and not a written document.

The theoretical head is the crown queen or king.

• All power is vested with the crown.
• But practically, it is exercised by the prime minister in a parliamentary form of government.

The French have a presidential form of government where the president appoints the prime minister and all other ministers.

The USA also has a presidential form.

In France and the US, there is a written constitution.

In the US, the president is directly elected by the electorate.

• He or she exercises power or rules the country through secretaries appointed by the president.

There are only secretaries in the US system.

There are ministers in the French system.

When there is no ministry in Britain a lame-duck ministry is formed by the crown and the crown can head that ministry until a new parliament is elected.

In India, the president has no power and is only a signatory authority or rubber stamp.

The Indian president cannot even head a caretaker government.

The Indian prime minister can remove the president but the president cannot remove the prime minister.

According to the constitution, the prime minister is powerful. But he or she is not directly elected by the people.

The prime minister is elected only as a member of parliament and then is made prime minister by the party.

The US presidential form of government is a better form of government.

But the shortcoming in the US constitution is that individual rights are given maximum scope.

This leads to an unrestrained capitalist order.

India is also going to suffer the same disease and this is leading to regionalism.

Too much individual freedom should be curtailed in an ideal form of government.

PROUT will introduce social controls so that collective interests will be supreme.

In the US constitution, purchasing power is not guaranteed to the people.

The best form of government is the presidential form where:

• the president is elected directly by the electorate
• there is less individual liberty.

Common Constitutional Defects

Everyone has the right to physical, mental and spiritual development.

But all constitutions have been written in such a way that they do not ensure the all-round welfare of all citizens.

A constitution should be fair and just.

The least bias from the framers towards any ethnic, linguistic or religious group may:

• undermine the unity of the country
• disturb the peace and prosperity of the society as a whole.

Some of the defects of the Indian constitution are easily discernible.

India should have a new constitution to establish unity in diversity in a multilingual, multi-social and multi-national country.

The framers should keep in mind the population structure of the country.

The population of India is a blended population of the Austric, Mongolian, Negroid and Aryan races.

The Indian constitution, due to inherent defects, has not helped establish social amity, cultural legacy, equality and unity among these races.

As a result, fissiparous tendencies have developed in the country.